Last 3 months headlines – Page 1683
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Contingency fees 'can work but risk justice'
Contingency fees could operate effectively in England and Wales with or without cost shifting, a major report is expected to say this week. However, the Gazette understands that the report, commissioned by the Civil Justice Council, warns of the risk that contingency fees may narrow access ...
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Sharp rise in stressed lawyers
Stressed solicitors have been phoning support groups in record numbers following the worst weeks of the financial crisis, the Gazette has learned. The three biggest groups – LawCare, the Solicitors Assistance Scheme (SAS) and Solicitors Benevolent Association (SBA) – all reported a huge spike in calls ...
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Whitehall retreat as VHCC fees up by 5%
The government has capitulated to fierce lobbying and increased fees in very high-cost criminal cases (VHCC) by 5% as an interim measure to avoid a potential crisis in the Crown Courts. Solicitors and barristers will see the same percentage increase, with a senior solicitor or QC ...
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CMC plans regulation for mediation providers
The Civil Mediation Council (CMC) is developing a voluntary registration and regulation scheme for mediators and provider organisations, it has emerged. The CMC aims to draft two registration schemes to replace the pilot accreditation scheme it has been running for the last three years. ...
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Sir Rupert to review costs
Sir Rupert Jackson, who was promoted this month to the Court of Appeal, is to head the Master of the Rolls’ fundamental review of the costs system, it will be announced this week. The review, which was first revealed in the Gazette in June, will begin ...
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Members reject Law Society affiliate plan
Members have rejected changes to the Law Society model that included creating an affiliate category for non-solicitors. In all, 17,568 eligible votes were cast, 12.7% of the voting papers sent out. Some 59.5% of solicitors voted against the plans, with 40.5% in favour. ...
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Consultancy targets law firm acquisitions
A consultancy with an initial mandate to acquire 25 law firms on behalf of larger practices was formally launched this week. The new business is also offering other services to support smaller firms – including putting them together to bid for large work contracts. The ...
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QC: judiciary 'scandal'
Leading discrimination and equality QC Karon Monaghan has labelled the make-up of the judiciary a ‘national scandal’. Speaking at the Royal Courts of Justice during the annual Inside Justice Week, Monaghan spoke of advances and improvements made in equality thanks to the Human Rights Act and wider legislation. But she ...
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Tories probe client rules
The government will be put under political pressure to clarify what would happen if a bank’s collapse wiped out client money held in law firms’ accounts, the Gazette has learned. Jonathan Djanogly, the Conservative shadow Solicitor General, told the Gazette he would press the Treasury for ...
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Cash hitch for KBF suitors
The search by Key Business Finance (KBF) for a new backer could be hampered because potential buyers will struggle to find cash in the current climate, accountants have warned. However, solicitors who have taken out KBF loans are unlikely to be forced to repay them if ...
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Market regulation overhaul call
Stricter regulation, broader regulatory powers and effective global cooperation are needed to ensure financial regulators can manage markets better in the future, markets watchdog the US Securities and Exchange Commission (SEC) warned lawyers in London last week. Companies and individuals responsible for the recent fall-out should ...
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Lawyer guidance on money laundering
Special guidance to help lawyers avoid money launderers was agreed by international organisations last week. The Financial Action Task Force (FATF), the inter-governmental body charged with combating money laundering and terrorist financing, agreed to publish new guidance in conjunction with the International Bar Association (IBA), American ...
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Purchases, developments and leasing
Energy boost: City firm Norton Rose acted for Vattenfall, the Swedish energy company, on its £52m purchase of Eclipse Energy UK, which was advised by City firm Watson Farley & Williams. West ...
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Arbitration guidelines
Simpler, cheaper, quicker – cross-border arbitrators are working with new guidelines from the International Centre for Dispute Resolution. The American Arbitration Association (AAA), through its international arm, the International Centre for Dispute Resolution (ICDR), issued new guidelines to arbitrators this year, effective from May 31. They ...
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Criminal: trials in absence, youth crime, hearsay
Where a defendant fails to appear for trial and the judge is sure that he has deliberately absented himself, it is necessary to proceed in the defendant’s absence (R v Anthony Jones [2003] 1 AC1).
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Arbitration
Conflict of laws – Insolvency – Applicable law – Arbitration agreements – EC law (1) Josef Syska acting as the administrator of Elektrim SA (in bankruptcy) (2) Elektrim SA (in bankruptcy) v (1) Vivendi Universal SA (2) Vivendi ...
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Intellectual property
Computers – Excluded subject matter – Patentability - Software Symbian Ltd v Comptroller General of Patents: CA (Civ Div) (Lords Justice Jacob, Maurice Kay, Lord Neuberger of Abbotsbury): 8 October 2008 ...
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Employment
Employees – Racism – Suspension from work – Unfounded allegations of racist abuse Centrewest London Buses Ltd v Ukachukwu: CA (Civ Div) (Sir Anthony Clarke, Master of the Rolls, Lords Justice Maurice Kay, Stanley Burnton): 8 October 2008 ...
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Personal injury
Addiction – Causation – Contributory negligence – Expert evidence – Prison offices Ryan St George (a patient suing by his father and litigation friend David St George) v Home Office: CA (Civ Div) (Lords Justice Ward, Dyson, Lloyd): 8 ...
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Human rights
Health – Assisted reproduction – Consent to treatment – EC law L v (1) Human Fertilisation and Embryology Authority (2) Secretary of State for Health: Fam Div (Mr Justice Charles): 3 October 2008 ...